Who is living in my house

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  • Who is living in my house

    My tenant got married and just moved her husband it. Do I have any rights over who lives in my property? Also I am fairly sure he is not on the council tax, is there any way I can find out? She is being difficult in moving out after notice so I am looking for some leverage.

  • #2
    Originally posted by shazzab123@aol.com View Post
    My tenant got married and just moved her husband it. Do I have any rights over who lives in my property? Also I am fairly sure he is not on the council tax, is there any way I can find out? She is being difficult in moving out after notice so I am looking for some leverage.
    No special rights about the husband, your tenant is entitled to have him living with her.

    If you have to take the court route to remove your tenant then the bailiff will eventually remove anyone that is there.
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      'Leverage' sounds like a potential route to harassment or illegal eviction charges. Do it the legal way.

      When did the last tenancy agreement begin?
      How long was it for / was there an end date?
      Is rent paid monthly?
      How much is the monthly rent?
      How much is currently unpaid?
      Is the tenant on Housing Benefit?
      Did the tenant pay a Deposit / is it protected?
      Have you served a section 21 or a section 8 notice? When?

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      • #4
        I am going legal

        Hi, yes I am going down the legal route, she has been given section 21 on 25/8 and so she should be out by 30 Oct as her rent is due then. Deposit is protected. She is now using the opportunity to try to get a council property and will stay in the property as long as the law allows her. My mother (whose house it is) is 78 and returns from abroad next week and we have been told by Birmingham City Housing Department that the tenant is likely to still be in the property for several months as it is most unlikely that she will be re-housed. This is going to now cost my mom to stay in hotel. It all seems weighted toward the tenant, and Mom has no rights. The housing department said they will house Mom in a hostel but why should she go onto a hostel while the tenant is in her house! I am trying to make sure that the tenant is obeying the law re council tax as she has not changed to her married name as i am fed up of her having all the rights.

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        • #5
          A section 21 DOES NOT compel the tenant to leave on 30/10 (that is not it's purpose) - as you have discovered, all it does is give them notice that after 30/10 you can apply to the courts for possession.

          When you (or your mum) gave this tenant an Assured Shorthold Tenancy, you gave her all the rights associated with that. The fact that you didn't understand the eviction process, or that circumstances have made the process inconvenient, can not take those rights away from the tenant.

          At this moment in time, the property is your tenants home, it is your mums investment asset. Throwing people out of their home is a serious issue and has to be done properly. A business asset is just that - that's the way business goes.

          Can we verify that the tenant has had an address in England/Wales to serve legal documents on your mum? I presume your address has been provided - but best to check.

          Also, has mum (as an overseas landlord) got permission from HMRC to receive rent without tax deducted, or does your tenant pay some of their rent to the tax man?

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          • #6
            Is mother named on tenancy as the Landlord or yourself shazz???

            Those leaving a home abroad to return to UK are usually considered "intentionally homeless " & entitled to no assistance from council.

            Cheers!!
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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            • #7
              Originally posted by shazzab123@aol.com View Post
              Hi, yes I am going down the legal route, she has been given section 21 on 25/8 and so she should be out by 30 Oct as her rent is due then. Deposit is protected. She is now using the opportunity to try to get a council property and will stay in the property as long as the law allows her. My mother (whose house it is) is 78 and returns from abroad next week and we have been told by Birmingham City Housing Department that the tenant is likely to still be in the property for several months as it is most unlikely that she will be re-housed. This is going to now cost my mom to stay in hotel. It all seems weighted toward the tenant, and Mom has no rights. The housing department said they will house Mom in a hostel but why should she go onto a hostel while the tenant is in her house! I am trying to make sure that the tenant is obeying the law re council tax as she has not changed to her married name as i am fed up of her having all the rights.
              At the moment it's not your mother's house, it's the tenant's home. The whole point of a tenancy is that you give up your rights to possession of a property in exchange for rent. If you didn't understand that when you and/or your mother entered into the agreement it's not the tenant's fault.
              Disclaimer:

              The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

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